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The Validity Of Contract Behavior Of Actual Constructors

Posted on:2020-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2416330572480149Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
In the construction industry,the engineering payment disputes caused by subcontracting,illegal subcontracting and related projects are more common in practice,and there are many legal problems to be solved when dealing with subcontracting,illegal subcontracting and other engineering funds disputes in practice.If the national legal system is not perfect and the supervision is insufficient,then some problems will become more thorny problems,and the most difficult to solve among these thorny problems is to subcontract.Illegal subcontracting and other forms of actual construction workers contract disputes.There is no legal provision for the actual construction workers,only the interpretation issued by the Supreme Court refers to it,but in the interpretation,it is mentioned in the interpretation.The regulations of the actual construction workers are not perfect,and some problems are not clearly stipulated,which leads to the theoretical and practical circles to the actual construction workers involved in some issues there is a great dispute.In practice,most of the construction engineering disputes are related to these problems,especially to the actual construction workers.At present,the legal issues such as the concept of the actual construction worker,the identification of the actual construction worker and how to protect the rights and interests of the contractor in the protection of the rights and interests of the actual construction worker have not yet been solved.In order to help solve these difficult problems in practical trial,the author applies to Xijian Company and Chengxiang Company.The dispute case of work contract is analyzed.In this case,the two sides revolve around the identification of the actual construction worker,Whether the contractor's behavior of paying the project money to the actual construction worker is valid and whether the subcontract signed between the contractor and the actual construction worker will affect the effectiveness of the construction contract signed between the contractor and the contractor will affect the effectiveness of the construction contract signed between the contractor and the actual construction worker.There was a heated argument.Based on the analysis of the focus of the dispute,the author puts forward some suggestions related to the actual construction workers,which can be used to solve the legal problems involved in the actual construction workers.
Keywords/Search Tags:contractor, subcontract, actual constructor, construction contract
PDF Full Text Request
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